Egg, DLC and SAR ?

[ROSE28454]

I have a sizeable debt with Egg and it is being collected by DLC. They got a Charging Order in 2008 and I am paying them a nominal payment of £15.00 per month. I sent a SAR to them with £10.00 cheque about a week ago and they cashed the cheque and today sent me a letter enclosing copy documentation of all my correspondence and phone calls with them. However they have not sent the agreement and have told me I need to write to Egg as they own the debt. Is this right as I have only being dealing with DLC all this time?

[Mistermind]

I believe SAR compliance covers all material stored in electronic form only.

CCA request at a cost of £1 would cover non-electronically stored agreements. Ownership and storage of such agreements can quite legitimately be separate from management of ongoing debt repayment.

 

Even there a recent court verdict ruled that manual reconstitution of an agreement from various IT records where unavoidable, constitutes sufficient compliance of CCA request. If debt enforcement is sought from a law court, only at the physcial hearing does the need arise to produce the original signed document. And even then a judge has the power to rule on enforceability whatever the state of paperwork. The judge rules.

[ROSE28454]

I believe SAR compliance covers all material stored in electronic form only.

CCA request at a cost of £1 would cover non-electronically stored agreements. Ownership and storage of such agreements can quite legitimately be separate from management of ongoing debt repayment.

 

Even there a recent court verdict ruled that manual reconstitution of an agreement from various IT records where unavoidable, constitutes sufficient compliance of CCA request. If debt enforcement is sought from a law court, only at the physcial hearing does the need arise to produce the original signed document. And even then a judge has the power to rule on enforceability whatever the state of paperwork. The judge rules.

 

Ok I will dig out the card no and send a cca request with a £1.00 po on Monday. Thanks

[craigers]

SAR compliance - electronic form only? Are you saying it only provides info held electronically?

[ROSE28454]

SAR compliance - electronic form only? Are you saying it only provides info held electronically?

 

Yes it is basically copies of all phone calls between LDC and me. Interistngly enough it even mentions when they said they would only let me pay £10.00 per month if I allowed a Charging Order. I was at a very low ebb at that time and was not up to fighting. Do you think they were allowed to do that?

[ROSE28454]

SAR compliance - electronic form only? Are you saying it only provides info held electronically?

 

Yes it is basically copies of all phone calls between LDC and me. Interistngly enough it even mentions when they said they would only let me pay £10.00 per month if I allowed a Charging Order. I was at a very low ebb at that time and was not up to fighting. Do you think they were allowed to do that?

[maroondevo52]

Hi,

 

I'd send a CCA request to DLC.

[ROSE28454]

Hi,

 

I'd send a CCA request to DLC.

 

But they told me I have to ask for the copy of the agreement directly from EGG.

[maroondevo52]

Hi,

 

They should provide you with a CCA, It's often better to send a SAR to the Origional Creditor and a CCA request to the DCA that's dealing with your debt.

 

To save any hassle, send a CCA request to EGG.

It's only going to cost £1 then they have 12 + 2 days to comply with your request.

 

Send it recorded with a £1 Postal Order, and don't sign it.

 

Regards.

 

Scott.

[ROSE28454]

Hi,

 

They should provide you with a CCA, It's often better to send a SAR to the Origional Creditor and a CCA request to the DCA that's dealing with your debt.

 

To save any hassle, send a CCA request to EGG.

It's only going to cost £1 then they have 12 + 2 days to comply with your request.

 

Send it recorded with a £1 Postal Order, and don't sign it.

 

Regards.

 

Scott.

 

Thanks I will get it off on Monday.

[ROSE28454]

I received a letter from Egg today enclosing my so called agreement.

It is dated 21.4.2003 and I will try to scan it in tommorow but in the meantime

1. It is not signed.

2. It does have my name on it

3. It says Approved limit

4. It says APR for cash advances is 16.3% and there is a handling fee of !.25%

5. It says nothing about default charges

6. It seems to be made from 2 pieces of paper joined together.

7. It has attached pages and pages of computer screenshots applicable to customers who applied after 01.10.2001.

 

The thing is they have a charging order which I want to dispute on a N244. What reasons can I use as per the above.

Just realised that the agreement has another side and is signed by me. Also I sent the request on 17th May and their reply is dated 3.6.10 which I think is out of time. However I just remembered I forgot to send the cheque and they had to write to me so the time limit is probably not relevant.

Edited June 5, 2010 by ROSE28454

[ROSE28454]

Bump

[ROSE28454]

I have today received a letter from Egg stating they recently sent me a letter saying that my debt has been assigned to Barclays Bank PLC. It also says that as it was being serviced by DLC in preparation for the transfer to Barclays Egg are servicing it themselves for now. Is this legal as from what I can see they did not sent me a legal CCA so can they re-assign the debt like this ??

[ROSE28454]

Just had a letter from court saying that the debt has been assigned to Barclays and I have 7 days to object. On what grounds can I do this??

[AndyOrch]

Hi Rose

 

Yes they can assign at any time to who ever.I have never known a Court to get involved in assignments though why are the Court writing re this matter?

If you can type out the letter fro mthe Court verbatim (less any identifiable data ) lets see what they state.

 

Regards

 

Andy